Media outlets are exempted from liability for negative comments: Verkhovna Rada adopts new bill

The Verkhovna Rada has adopted a new law on the media, which will not be penalized for negative comments about officials. Media outlets will not be held liable if negative comments are removed within three days.

This was reported by the Judicial and Legal Newspaper.

According to the new bill, the media will have to remove accusations against officials within three business days after receiving a complaint, an order from the National Council or a court decision to open proceedings.

The law, initiated by Yaroslav Yurchyshyn, was adopted by the Verkhovna Rada on January 14. It clarifies the provisions of Article 117 of the Law "On Media", according to which online media are not liable for disseminating false information if it was published by users in the comment or publication sections and was removed within three days after a complaint or an order from a court or the National Council.

The question arises whether the online media outlet will have to remove any comments from readers alleging corruption or other negative characteristics of, for example, public officials.

The amendments also stipulate that the media is not liable if the information was transmitted in an accurate or verbatim form, without distortion of the essence, even if it was not a direct quote. In addition, the draft law removes liability from the media for user comments that violate the law if they were promptly removed after being addressed.

According to this draft law, journalists working under civilian contracts are also liable for disseminating false information.

They will be liable if the information

• is not an accurate or distortion-free retelling of materials published by other registered media or an authentic reproduction of foreign media materials with the source indicated;
• was not received in response to requests submitted in accordance with the Law on Access to Public Information or the Law on Citizens' Appeals;
• is not contained in official notices or documents received from state bodies, local authorities (including foreign ones) in writing, including information published on their official websites or social media pages;
• is not an accurate or reliable retelling of public statements or messages of legal entities, government agencies, local authorities, their officials, MPs or candidates for elected office;
• was not disseminated during speeches by persons who are not employees of the relevant media outlet, unless the employees of the media outlet took timely measures to eliminate the violation.

Recently, the Verkhovna Rada of Ukraine rejected draft law No. 10242, which would have criminalized public access to confidential information from open registers. This initiative drew significant criticism from Ukrainian and international journalists, who viewed it as a threat to freedom of speech and a tool to put pressure on media professionals. In particular, Amnesty International stated that the draft law violates the rights of journalists and poses a threat to media freedom in Ukraine.

In November last year, Intent, a socio-political outlet covering events in southern Ukraine, received a certificate from the Journalism Trust Initiative (JTI), an international standard of journalistic ethics. Intent became the first media outlet in Odesa to successfully pass an independent audit, confirming its transparency and adherence to high professional standards.

Анна Бальчінос